Committed to PEOPLE'S RIGHT TO KNOW
Vol. 5 Num 838 Wed. October 04, 2006  
   
Editorial


Bottom Line
UN needs reforms to be relevant in the 21st century


The UN is 61 years old. It has 192 member-states. Although criticisms have been leveled against the UN, it has been credited with some achievements, too.

It survived the Cold War. The vast network of specialized agencies has helped to improve the quality of life of people across the world. The activities of WHO, Unesco, UNDP, Unicef, and ILO have touched the rich and the poor. There has been tremendous awareness and improvement of human rights.

One of most important visible functions is the UN peacekeeping missions, in about 17 war-torn areas, to maintain international peace and security at a cost of approximately $2 billion.

Although peacekeeping has not been specifically mentioned in the Charter, it falls in between VI (peaceful settlement of disputes) and Chapter VII (action with respect to threats to peace).

Mixed record
The UN has achieved a great deal in economic and humanitarian areas, but its scorecard in political issues is disappointing. The UN was set up to save the world from armed conflicts, but a number of armed conflicts have been raging in the world with the big powers selling arms to the warring nations

The nations which took the initiative in the setting up of the UN to prevent war, "the sorrow of humankind," have been silent spectators to war. For example, the recent Lebanese-Israeli conflict was allowed to continue for 34 days before a ceasefire resolution was adopted.

This is because the five permanent members, that have veto-wielding powers, have continued to undermine the functions of the Security Council to pursue their own interests. They veto any resolution when their allies are affected adversely, even when they know that their veto will result in injustice and oppression.

Major reforms
Without major reforms the UN will not be able to perform effectively. What the UN needs is democratization of the institution. It must be an organization which reflects the political and economic reality of the 21st century, and not of the mid-20th century.

The discussion on reforms has unfortunately been dominated by the reorganization of the Security Council. This is because each nation wants its power projection through gaining a permanent seat in the Security Council.

Other important areas of reforms, or restructuring, are not talked about or heard of. Although restructuring of the Security Council is imperative, other areas do need attention at the same time.

The areas that need improvement are described below:

First, the structure of the UN Secretariat needs overhaul. It is desirable that the four divisions, namely: (a) peace and security, (b) economic and social, (c) humanitarian, and (d) administration and management, be headed by four deputy secretaries general.

Each would be responsible for a particular functional area. Accountability, and transparency of decisions of the Secretariat, must be the hallmark of reforms.

Second, the powers of the Secretary General under the existing Article 99 are very limited. It needs amendment to reflect the current responsibilities of the head of the UN. Article 99 enables the Secretary General to report only to the Security Council, suo moto, or on his own, he cannot take any action when any war takes place.

Third, the powers and functions of the General Assembly are minimal compared to those of the Security Council. Article 12 states that the General Assembly shall not make any recommendation with regard to that dispute, or situation, unless the Security Council requests it. Article 12 needs amendment to provide greater powers to the Assembly when the Security Council fails to take action in armed conflicts, or in removing threats to international peace and security.

Fourth, Article 51 (self-defence) is being interpreted wrongly by many powerful nations. For example, the Iraqi war was launched on the basis of self-defence by inventing a doctrine of pre-emptive or preventive war, thereby ignoring the legitimacy of use of military force. The language of the article should be clear so as to avoid any doubt, or confusion, or misinterpretation of its exact meaning and purpose.

Since threat to peace emanates not only from states but also from non-state actors (al-Qaeda or other extremists), this article, or another article, should incorporate an agreed definition of terrorism and normative constraints, including collective action, to activities of non-state actors.

Fifth, why doesn't a state from Arabia, Latin America, or Africa become a permanent member of the Security Council? Why didn't Germany (the largest economy in Europe) or (the second largest economy in the world) Japan become permanent members of the Council?

The answer lies in the political environment of 1945 when the UN was set up, largely by the victors of the Second World War (US, Britain, and Soviet Union).

The call for reforming the Security Council is justified by the need for greater credibility, representation, effectiveness and enhanced capacity to act in defence of maintenance of international peace and security. Those who contribute the most should have a commensurate say in decision making .

It is acknowledged that without the UN the past 61 years would have seen a far bloodier world. The question is: does poverty lead to conflict, or does conflict perpetuate poverty? The answer is open to conflicting interpretations.

The restructured UN should address how to eliminate poverty of people in developing countries. At the same time, developing countries must be democratic, and govern with accountability and transparency, together with a free press.

The UN is a unique institution, and if there were no UN, we would have to have invented it in the days of globalization and inter-connectedness of states.

Barrister Harun ur Rashid is a former Bangladesh Ambassador to the UN, Geneva.